Should I go to court ?
Discussion
I just got a summons for speeding, doing 92 in a NSL (60)road (clear day straight road in the middle of nowhere on a bike). Summons says I don't need to attend court but can do if I want. I'll probably plead guilty, because I probably am guilty, but is there any benefit in going to court?
I'm expecting a heavy fine and points, but could I be banned if I don't attend (or if I do?). I've got a clean license at present.
Any advice would be appreciated.
Cheers
S..
I'm expecting a heavy fine and points, but could I be banned if I don't attend (or if I do?). I've got a clean license at present.
Any advice would be appreciated.
Cheers
S..
sparkey said:
I just got a summons for speeding, doing 92 in a NSL (60)road (clear day straight road in the middle of nowhere on a bike). Summons says I don't need to attend court but can do if I want. I'll probably plead guilty, because I probably am guilty, but is there any benefit in going to court?
I'm expecting a heavy fine and points, but could I be banned if I don't attend (or if I do?). I've got a clean license at present.
Any advice would be appreciated.
Cheers
S..
You could be banned, not attending is probably not the best way to avoid that should the bench be so minded.I'm expecting a heavy fine and points, but could I be banned if I don't attend (or if I do?). I've got a clean license at present.
Any advice would be appreciated.
Cheers
S..
It is common practice to issue a lesser sentence to those who admit the offence. The clerk would normally advise you of the fact whilst the plea is requested.
You have obviously held your arms up to state that you probably were speeding and I applaud you.
The judges do indeed take the matter of remorse into consideration. Therefore, attending, pleading guilty and then when asked if you have anything to say (mitigation) it would be to your advantage to express your disgust in the matter and that in the future you would have more consideration for checking the speed to the limits imposed.Followed, by an apology for your actions.
You have obviously held your arms up to state that you probably were speeding and I applaud you.
The judges do indeed take the matter of remorse into consideration. Therefore, attending, pleading guilty and then when asked if you have anything to say (mitigation) it would be to your advantage to express your disgust in the matter and that in the future you would have more consideration for checking the speed to the limits imposed.Followed, by an apology for your actions.
Close call. Sometimes it's worth taking it to the wire at court and the Police/CPS have a habit of cocking things up, but if you take that route I'd get a good solicitor.
At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
xxplod said:
Close call. Sometimes it's worth taking it to the wire at court and the Police/CPS have a habit of cocking things up, but if you take that route I'd get a good solicitor.
At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
...and THOSE are the ones that give safe drivers a bad name and need to be eradicated from our roads...irresponsible prats all of them!At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
oldsoak said:
xxplod said:
Close call. Sometimes it's worth taking it to the wire at court and the Police/CPS have a habit of cocking things up, but if you take that route I'd get a good solicitor.
At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
...and THOSE are the ones that give safe drivers a bad name and need to be eradicated from our roads...irresponsible prats all of them!At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
Hate to be the bearer of bad news my friend. Trust no-one. It all depends on the sad faced git behind the magistrates bench who wonders how many lives he shall crush in that day. Your job regardless 9/10 he'll penalise you.. How do i know.. It happened to me when i said i need my license to keep my job. It was a agenuine mistake on a sunny day in october 2004 when a police man stops me for having no insurance. so i pull my certificate out. 4 days lata cops ring. Its invalid, your insurance co. have cancelled due to a bounced direct debit. Ouch. They didnt even notify me about this. Hey i went to court alright, pleaded my sincere apologies and said if i'd knew i wouldnt of been driving but im not a pyscic i didnt know. BOOM. Sorry mr prince your disqauilified for 6 months. Lost me job, lost me car as it was on finance and needed job to pay for it. The magistrate asked me "would it affect you if we disqualified you?" i said yes severely my job would go therefore my car my house etc etc. 5 mins lata i was banned. "NEWSFLASH" COPPER DOES 152mph IN A PATROL CAR.. GETS CAUGHT, NEEDED TO KEEP LICENSE FOR JOB. GETS AWAY WITH IT. Someone i personally know got stopped with no MOT, TAX, INS etc. Got 3 pts and £150 fine. So that just goes to show how they can behave mate. Never trust a copper. Never trust a magistrate because i certainly dont but anyways you might be the lucky 2/10 people. Good luck friend.
wonkysid said:
i got caught on the M4 in Wales at 101mph, thought about preparing a defence etc but decided to admit it all, i took a letter from my employer stating if i was banned i would lose my job, got away with 5 points and £400 n fine and costs
Interesting. Slightly off the OP's topic but still on course for the title of this thread..I got clocked doing 102.6mph in a new normally aspirated Diesel Astra Van by Vascar at Chepstow in Wales..
I pleaded not guilty and represented myself as I thought it would be just a paperwork providing exercise. I also provided the following info:
1) Manufacturers specification of vehicle stating that the diesel Astra van could only muster 88mph unladen with half a tank of fuel.
2) All of the shipping documents for the 6 complete computers, tools and networks etc, I was fitting in Hogg Robinson travel in Swansea. Weight brought the cargo to within 35 kilos of the gross maximum laden weight of the van, and the partner who was present was also a 'big lump'.
3) My girlfriend testified too as she had two broken ankles and I had to look after her so she travelled with me.
4) Letter from my employer stating that I was of good character and no accidents with the company and no convictions, and that loss of my license would result in immediate termination of said job.
What actually happened was I was overtaken by as Astra SXi Estate 1800 injection, I saw it approaching me rapidly from behind, so I moved from lane 3 to lane 2 to allow it to pass, then I moved back into lane 3 due to slower traffic in lane 3. The Astra SXi took off and about half a mile later I was pulled from behind by traffic police. The police were apparently sat above a motorway bridge and upon their in car gadget reading a speed, looked down to get the description and off they went. I tried to explain to the officers what had happened but they said it was a matter which should be 'discussed' in court.
In court I showed all my evidence and also the original Vauxhall Brochure which showed that both the SXi and normal van had roof rails. I asked the magistrate if she could differentiate either models from above - given that they were both white, and she agreed that she couldn't. However; she finished by saying that she had the officers statement of facts recorded from his note book, and this stated that is was a white Astra VAN which caused the offence.
The magistrate then proceeded to ban me for 3 months, I lost my job, and three months later my house was repossessed. This was fifteen years ago when I was just getting on the property ladder. Also this was at the time of the housing market crash so my insurance policy didn't pay me out for the difference in the repo'd selling price.. Result I had to go through bankrupcy as I couldn't pay the Abbey National the difference of £40k which they asked me to send them 'by return'.
I live by own set of rules now and will not rely on the law of the land to make good my case. I take 'metered risks' and accept that the consequences can be and probably will be unfair. I viewed our legal system as a lucky dip then, and I don't want to think what title it deserves now. My point to this long and personal post is that sometimes even the smallest infringement can have the biggest impact on your life, and frankly I lost faith in the whole legal system many years ago - now its just plain scary.
oldsoak said:
xxplod said:
Close call. Sometimes it's worth taking it to the wire at court and the Police/CPS have a habit of cocking things up, but if you take that route I'd get a good solicitor.
At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
...and THOSE are the ones that give safe drivers a bad name and need to be eradicated from our roads...irresponsible prats all of them!At 92 you're at the upper end of "range" edging close to a Short Period Disqualification, so it is possible you're fine and potentially points could be creater than the £60/3 points you'd get with the FPN.
In future join the growing underclass of motorists, register cars to ficticious companies at spurious addresses and ignore everything from officialdom. Drive a £500 hack and change it every 6 months. I know plenty who do this and have been laughing at parking tickets, congestion charges, SCPs for years...
My advice is do NOT go to court. Plead guilty and WRITE a very grovelling letter accepting full responsibility, pleading forgiveness, promising remorse and giving it the sob story. Do NOT make excuses in the letter. You can do a better job on paper than you ever could in person, and you don't need to keep a straight face.
I was advised (by a senior CPS prosecutor)that if you are there in person it is easier to ban you. If you are not there, they will need to set another date to do so, which is more hassle, so greater chance of getting away with it.
I was done for 59 in a temporary 30 zone, used this approach and got away with four points.
By the way, in your letter apologise also for wasting the Court's and Police's time, they will love that.
Trust your uncle Mahatma.
I was advised (by a senior CPS prosecutor)that if you are there in person it is easier to ban you. If you are not there, they will need to set another date to do so, which is more hassle, so greater chance of getting away with it.
I was done for 59 in a temporary 30 zone, used this approach and got away with four points.
By the way, in your letter apologise also for wasting the Court's and Police's time, they will love that.
Trust your uncle Mahatma.
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